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PUBLIC CHAPTER NO. 266
SENATE BILL NO. 955
By Haile, Johnson, Hensley, Jackson, Reeves, Rose, Stevens, Walley, White, Yager, Hatcher
Substituted for: House Bill No. 1044
By Terry, Faison, Zachary, Cochran, Brock Martin, Greg Martin, Raper, Slater, Williams, Moody,
Littleton
AN ACT to amend Tennessee Code Annotated, Title 63, relative to rights of conscience and free
speech.
BE IT ENACTED BY THE GENERAL ASSEMBLY OF THE STATE OF TENNESSEE:
SECTION 1. Tennessee Code Annotated, Title 63, Chapter 1, is amended by adding the
following as a new part:
63-1-901. Short title.
This part is known and may be cited as the "Medical Ethics Defense Act."
63-1-902. Part definitions.
As used in this part:
(1) "Conscience":
(A) Means the sincerely held ethical, moral, or religious beliefs or
principles held by a healthcare provider; and
(8) With respect to institutional entities or corporate bodies, is
determined by reference to that entity's or body's governing documents,
including ethical, moral, or religious guidelines, directives, mission statements,
constitutions, articles of incorporation, bylaws, policies, or regulations;
(2) "Discriminatory action":
(A) Means an adverse action taken against, or a threat of adverse action
communicated to, a healthcare provider as a result of the healthcare provider
exercising a right protected in this part;
(B) Includes any penalty or disciplinary or retaliatory action, whether
executed or threatened; and
(C) Does not include:
(i) The negotiation or purchase of, or the refusal to use or
purchase, insurance or healthcare procedures, treatments, or services
by an individual or non-government entity; or
(ii) Good faith efforts to accommodate conscientious objections
of a healthcare provider;
(3) "Government entity" means any branch, department, agency, commission,
or instrumentality of state government; any official or other person acting under color
of state law; or any political subdivision of the state;
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(4) "Healthcare institution" means any organization, corporation, partnership,
association, agency, network, sole proprietorship, joint venture, or other entity that
provides healthcare procedures, treatments, or services;
(5) "Healthcare payer":
(A) Means any employer, health plan, health maintenance
organization, insurance company, management services organization, or
other entity that pays for any healthcare procedure, treatment, or service
provided to a patient or client; and
(8) Includes an entity that contracts for, arranges for payment of,
reimburses, or remunerates such payments, whether payment is made in
whole or in part;
(6) "Healthcare procedures, treatments, or services":
(A) Mean medical research or healthcare provided to a patient or client
at any time over the course of treatment; and
(8) Include testing; diagnosis; record-making; referral; prescribing,
dispensing, or administering any drug, medication, or device; therapy or
counseling; and preparation or arrangement for a surgical procedure;
(7) "Healthcare professional" means a person who participates in any way in a
healthcare procedure, treatment, or service;
(8) "Healthcare provider" means a healthcare professional, healthcare
institution, or healthcare payer; and
(9) "Participate" means to provide, perform, assist with, facilitate, refer for,
counsel for, advise with regard to, admit for the purposes of providing, or take part in
any way in providing any healthcare procedure, treatment, or service.
63-1-903. Conscience protection for healthcare providers.
(a)(1) A healthcare provider must not be required to participate in or pay for a
healthcare procedure, treatment, or service that violates the conscience of the
healthcare provider.
(2) The right described in subdivision (a)(1 ):
(A) Is limited to a particular healthcare procedure, treatment, or
service, and does not waive or modify any duty a healthcare provider may
have to provide or pay for healthcare procedures, treatments, or services that
do not violate the healthcare provider's conscience; and
(8) Does not permit a healthcare payer to decline payment for a
healthcare procedure, treatment, or service it is contractually obligated to pay
for under the terms of a contract with an insured party.
(b) The exercise of the right described in subsection (a) must not be used against a
healthcare provider that exercises such right as the basis for:
(1) A civil cause of action;
(2) A criminal prosecution; or
(3) Discriminatory action.
(c) Subsections (a) and (b) do not apply to:
(1) Procedures, treatments, or services governed by federal law, including the
Emergency Medical Treatment and Active Labor Act (EMTALA), 42 U.S.C. § 1395dd;
(2) The right of a religious healthcare provider to make employment, staffing,
contracting, administrative, and admitting privilege decisions consistent with its
religious beliefs if it holds itself out to the public· as religious and has internal
operating policies or procedures that implement its religious purpose or mission; or
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(3) A healthcare professional or healthcare institution when performing
healthcare procedures, treatments, or services for an individual who is in imminent
danger of harming themselves or others.
63-1-904. Whistleblower protections.
(a) A healthcare provider must not be discriminated against because the healthcare
provider:
(1) Provided, caused to be provided, or is about to provide or cause to be
provided information relating to an act or omission the healthcare provider reasonably
believes to be a violation of this part to the healthcare provider's employer, the
attorney general and reporter, a state agency charged with protecting healthcare
rights of conscience, the United States department of health and human services'
office of civil rights, or another federal agency charged with protecting healthcare
rights of conscience; or
(2) Testified, assisted, or participated, or is about to testify, assist, or
participate, in a proceeding concerning such violation.
(b) Unless the disclosure is specifically prohibited by law, a healthcare provider must
not be discriminated against because the healthcare provider discloses information, including
through a formal or informal communication, transmission, or discussion, that the healthcare
provider reasonably believes evinces:
(1) A violation of any law, rule, or regulation;
(2) A violation of an ethical guideline for the provision of a medical procedure,
treatment, or service; or
(3) Gross mismanagement, a gross waste of funds, an abuse of authority,
practices or methods of treatment that may put patient health at risk, or a substantial
and specific danger to public health or safety.
63-1-905. Free speech protection.
(a) A government entity that regulates the practice of a healthcare procedure,
treatment, _or service in this state shall not reprimand or sanction a healthcare provider, nor
deny or revoke, or threaten to deny or revoke, a license, certification, or registration of a
healthcare provider for engaging in speech, expression, or association that is protected from
governm.ent interference by the First Amendment to the United States Constitution, unless
the government entity demonstrates by clear and convincing evidence that the healthcare
provider's speech, expression, or association was the direct cause of physical harm to a
person with whom the healthcare provider had a practitioner-patient relationship within the
three (3) years immediately preceding the incident of physical harm.
(b) A government entity shall not refuse to issue certification to an individual because
the individual has engaged in speech, expression, or association that is protected from
government interference by the F'irst Amendment to the United States Constitution, as long
as the individual was not providing medical advice or treatment to a specific patient.
63-1-906. Remedy.
(a)(1) A party aggrieved by a violation of this part may commence a civil action in a
court of competent jurisdiction, and upon the finding of a violation is entitled to an
award of injunctive and declaratory relief, and to recover damages sustained, along
with the costs of the action and reasonable attorney fees.
(2) Damages described in subdivision (a)(1) are cumulative and are in no way
limited by other remedies which may be available under another federal, state, or
municipal law.
(b) Any additional burden or expense on another healthcare provider arising from the
exercise of the right of conscience protected in this part is not a defense to a violation of this
part.
(c) A civil action must not be brought against an individual who declines to use or
purchase a healthcare procedure, treatment, or service from a specific healthcare provider
for exercising the rights described in § 63-1-903(a).
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63-1-907. Severability.
If any provision of this section is held to be invalid or unenforceable by its terms, or as
applied to any person or circumstance, then the provision must be construed so as to give it
the maximum effect permitted by law, unless such holding is one of utter invalidity or
unenforceability, in which event such provision is deemed severable from this part and does
not affect the remainder of this part or the application of such provision to other persons not
similarly situated or to other, dissimilar circumstances.
SECTION 2. The headings in this act are for reference purposes only and do not constitute a
part of the law enacted by this act. However, the Tennessee Code Commission is requested to
include the headings in any compilation or publication containing this act.
SECTION 3. This act takes effect upon becoming a law, the public welfare requiring it.
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SENATE BILL NO. 955
PASSED: April 14, 2025
RANDYl\llcNALL Y
SPEAKER OF THE SENATE
CA::ON n~PEAKER
HOUSE OF REPRESENTATIVES
/¼,\ APPROVED this aMJJ,,_ day of 2025
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